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Miranda Warning

Miranda warnings, also called Miranda rights, is a warning given to suspects in the United States at the time of their arrest. A person in custody must be presented this warning per the 5th amendment. The warning states, "The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.

187 Questions

How does the Miranda warning help to prevent involuntary confessions?

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Asked by Wiki User

The Miranda warning helps prevent involuntary confessions by informing individuals of their rights, including the right to remain silent and the right to an attorney. This informs them that they do not have to incriminate themselves and can consult with legal counsel before deciding whether to answer questions. By ensuring that individuals are aware of their rights, the Miranda warning helps protect against coerced or involuntary confessions.

Is it uncommon for a defendant to waive his or her rights to an attorney and undertake his or her own defense?

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It is relatively uncommon for a defendant to waive their rights to an attorney and represent themselves in court. This is known as "pro se" representation. It can be challenging for individuals without legal training to navigate the complexities of the legal system and mount an effective defense without professional counsel. However, in some cases, defendants may choose to represent themselves if they feel they have a better understanding of their case or if they have limited resources to hire an attorney.

What are the 2 components needed to have the Miranda warning take effect?

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Asked by Wiki User

The two components needed for the Miranda warning to take effect are custodial interrogation and the individual being in police custody. Custodial interrogation refers to questioning that occurs when a person is in police custody and the freedom of movement is restricted. The Miranda warning must be given to the individual before any interrogation takes place while they are in police custody.

Is Miranda warning good or bad?

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Asked by Wiki User

The Miranda Warning is good. It's a legal warning given by Police to suspects that are going to be questioned informing them of their rights to:

  • Remain silent;
  • Terminate questioning at any time;
  • Have an attorney before and during all questioning; and
  • If they cannot afford an attorney, the courts will provide a free attorney for the duration of your trial (meaning if you're convicted or acquitted, the attorney no longer represents you)

and that anything they say after the point of a Miranda warning can (and generally will) be used against them in a court of law.

What is the legal basis for the Miranda warning?

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Asked by Wiki User

The Miranda rights are based in the amendments to the Constitution. The 5th amendment states the right to remain silent and the 6th states the right to an attorney. The precedent of reading them as a suspect is taken into custody was set in the supreme court case Miranda v. Arizona, in which it was determined that reading the Miranda rights would help protect the suspect's rights.

What is the importance of the Miranda warning?

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Answer

A Miranda Warning is a statement made by police when he is about to question a suspect on a case. Generally it includes that the subject has the right to not answer any questions or stop answering them at any time during the questioning or interrogation, that the subject has the right to have a lawyer present, whether or not he can afford one, and that anything he does say can later be used against him in court should the case get that far.

The Miranda Warning refers to the Supreme Court decision regarding Ernesto Arturo Miranda vs. the State of Arizona,(1966). His conviction was overturned because police didn't inform him of his Constitutional rights when questioned by police.

It should be noted that just because one is read the Miranda Warnings doesn't mean he's under arrest. If you are under arrest the police don't need to question you or read you your rights. Also, there is no obligation for the officer to read the warning out of a card, but this is standard practice to alleviate any doubt in court about the actual content of the warning (whether the officer had forgotten to notify one of the other of the rights)


Answer

A Miranda Warning is an official statement that must be read to an individual in police custody before police can begin interrogation. This rule was the result of the US Supreme Court case Miranda v. Arizona, (1966) in which the Supreme Court held Ernesto Arturo Miranda's confession was inadmissible in court because he hadn't been informed of his Fifth Amendment constitutional right not to incriminate himself.

Chief Justice Warren clearly stated the rules governing custodial interrogation in the opinion of the Court:

"In the absence of other effective measures, the following procedures to safeguard the Fifth Amendment privilege must be observed: the person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him."

The Court's decision permanently changed law enforcement procedures, such that people taken into police custody must be formally advised of their rights before questioning. Each state is free to determine the exact wording of their "Miranda Warning," provided the elements stipulated in the Supreme Court decision are clearly included.

Examples

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."

Some jurisdictions use more elaborate warnings, designed to prevent confessions from being excluded in court:

"You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?"

Other variations are also used.


When Miranda warning not required?

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Asked by Wiki User

The 5th Amendment of the U.S. Bill of Rights, which protects U.S. citizens against self-incrimination, is the basis for our Miranda Rights. However, in order for Miranda to apply, two elements must be present: 1. the suspect is in police custody, AND

2. the suspect is being asked questions by police that are likely to invoke incriminating statements.

Both CUSTODY and INTERROGATION must be present before Miranda applies. A police officer does not have to advise a suspect of their Miranda rights when either of these elements are absent.

What are the 3 parts of the Miranda warning?

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Asked by Wiki User

5th amendmentsilent5th and 6th amendment

Is it legal for a judge to take away your right to an attorney?

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The courts have ruled that they can. I would say that schools are crazy, and shouldn't be able to take away rights. Why does a student get a detention for wearing a beer logo? That is taking away the first amendment, right? The school try to maintain order in their building, and try to protect the students. In my opinion courts need to give rights back to students. It is crazy that Americans are all about having their rights, but when students step foot on school property they have to give up their rights. Sometimes we have to pay the price to get an education.

What happens if a police officer does not read the Miranda warning before questioning?

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Asked by Wiki User

If you are a minor then nothing. If you are not a minor then chances are it will not affect anything unless you can prove the cop did not read them...because the court is going to take the word of a police officer over that of some random person.

Does the Miranda warning impede crime prevention?

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Asked by Wiki User

Just because a Miranda Warning was not properly given, does not automatically mean that the defendant will be acquitted.

However, if the defendant's statement was the only significant piece of evidence, the individual may be found not guilty.

So, if the officer does their job, no, it does not damage the justice system in any way.

Words to the Miranda warning say?

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You have the right to remain silent; anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?

What is the right to an attorney?

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Asked by Wiki User

Read Gideon v. Wainwright, 372 U.S. 335 (1963).

Whose case established the concept of the Miranda Warning?

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On March 13, 1963, police arrested Ernesto Miranda for stealing money from a Phoenix, Arizona bank worker. During two hours of questioning, Miranda confessed to the crime, but was never offered an attorney during his interrogation and eventually received a prison sentence based primarily on his confession. On June 13, 1966, the U.S. Supreme Court reversed the Arizona Court's decision and granted Ernesto Miranda a new trial at which his confession could not be admitted as evidence. The ruling established the "Miranda" rights of persons accused of crimes.

Which Supreme Court ruling established the right to an attorney in all criminal felony cases?

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Asked by Wiki User

The Sixth Amendment actually established the right for charged individuals to have an attorney for their criminal felony cases. Defendants do not have the right to counsel if they are not facing a jail sentence.

Are security officers required to issue a Miranda warning?

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The Miranda Warning is only issued by a commissioned Law Enforcement Officer.

If by "Security Officer", you mean a private security guard, then no, they are never required to issue a Miranda Warning.

What statements must The Miranda Warning include?

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Asked by Wiki User

The wording may vary slightly from jurisdiction to jurisdiction but they will all basically cover the same points:

"You are under arrest. Before I/we ask you any questions you must understand what your rights are. You have the right to remain silent. If you give up your right to remain silent and choose to answer questions, you may stop answering at any time. You have the right to have an attorney present while being questioned. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as I have explained them to you?"

This us supreme case held that a person must be informed that they have the right to an attorney upon arrest?

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Asked by Wiki User

You're referring to the case of Miranda v. Arizona

However, there is no requirement that the information be given upon arrest.

Did the Miranda ruling apply to all arrests?

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Asked by Wiki User

Yes; if you are in police custody, then it applies.